Judicial Education Research Articles

Motion and Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, District of Columbia & Maryland v. Donald J. Trump, President of the United States of America, Civ. A. No. 8:17-cv-01596-PJM (D. Md. Oct. 6, 2017) (Peter Jo Messitte, J.) (filed by Professor Josh Blackman et al.), Doc. No. 27-1,

The Foreign Emoluments Clause provides that “no Person holding any Office of Profit or Trust under [the United States], shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” Plaintiffs contend that because “Defendant Donald J. Trump is the President of the United States of America,” he “thus holds an ‘Office of Profit or Trust’ under the United States.” Their argument certainly has an intuitive appeal: How could the Presidency not qualify as an “Office of Profit or Trust under the United States” for purposes of this important anti-corruption provision? But an intuition is not an argument. Plaintiffs cannot point to a single judicial decision holding that this language in the Foreign Emoluments Clause, or the similar phrase “Office... under the United States” in other constitutional provisions, applies to the President. Rather, the text and history of the Constitution, and post-ratification practice during the Early Republic, strongly support the counter-intuitive view: the President does not hold an “Office... under the United States.” The Framers of the Constitution, making use of the progenitor British drafting convention of “Office under the Crown,” used the phrase “Office... under the United States” to refer to appointed officials in all three branches of government. That category did not include elected officials, such as the President and members of Congress. The weight of evidence, spanning from the colonial period to the American Revolution, and then through the Constitutional Convention and to the First Congress, and finally to the Washington Administration, and into the Early Republic, demonstrates that elected federal officials, such as the President, do not hold “an ‘Office of Profit or Trust’ under the United States.” Thus, the President is not subject to the Foreign Emoluments Clause. President Washington and his founding era successors during the Early Republic openly received, accepted, and kept diplomatic gifts and other gifts from foreign governments and their officials without seeking or receiving congressional consent. For example, President Washington received a diplomatic gift from the French ambassador to the United States; it was a framed full-length portrait of King Louis XVI. Likewise, President Jefferson received a bust of Czar Alexander I as a diplomatic gift. If Plaintiffs were correct, these presidents and others central to the founding of the United States of America openly committed impeachable offenses or were ignorant of the Constitution they helped draft and define. Washington’s practice, and that of his successors during the Early Republic, of accepting such gifts confirms that they understood that the President was not subject to the Foreign Emoluments Clause and its “Office... under the United States” language. The drafting practices of the First Congress and the writings of Alexander Hamilton lend further support to this position. For these reasons, Plaintiffs’ prayer for a declaration that the President “is a ‘Person holding any Office of Profit or Trust’ within the meaning of the Foreign Emoluments Clause” should be denied. President Trump’s business activities may raise ethical conflicts under modern good governance standards, but they raise no constitutional conflicts under the Foreign Emoluments Clause. The complaint: 2017 WL 2561946, filed June 14, 2017.

The research of theoretical principles of psychological and pedagogical training of professional judges in the system of judicial education

The article studies the essence of theoretical principles of psychological-pedagogical principles of training of professional judges in the system of judicial education; it was proved, that in the context of professional training of judges the notion “pedagogical mastership of judge” is a system-creating function, directed on setting of effective pedagogical interaction within realization of tasks of judicial education. The author paid attention to the fact that since the beginning of formation of the Highest Justice Council the priority direction of its activity is a provision of formation of effective, modern system of professional selection and training of judges, oriented on the real needs of judge staff. However, evaluating the quality of judicial system of the country, it is impossible to get the objective indicator without taking into account the state of existing system of selection and training of judges, and the set system of functioning of these institutions is a node parameter at determination of justice quality. The conceptual principles of psychological-pedagogical training of judges were grounded. The main idea, main positions and psychological-pedagogical strategy of training judges for teaching activity were concretized that provided the phased realization of main conceptual theses

Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, Senator Richard Blumenthal v. Donald J. Trump, President of the United States of America, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Sept. 19, 2017) (Emmet G. Sullivan, J.) (filed by Professor Josh Blackman and Robert W. Ray, Esq.)

Brief for Scholar Seth Barrett Tillman and the Judicial Education Project as Amici Curiae in Support of the Defendant, Senator Richard Blumenthal v. Donald J. Trump, President of the United States of America, Civ. A. No. 1:17-cv-01154-EGS (D.D.C. Sept. 19, 2017) (Emmet G. Sullivan, J.) (filed by Professor Josh Blackman and Robert W. Ray, Esq.)

Decolonisation, dignity and development aid: a judicial education experience in Palestine

Taking Palestine as the focus of inquiry, and drawing on our experiences as co-directors of Karamah, a judicial education initiative focused on dignity, we reflect on the attributes of colonisation and the possibilities of decolonisation in Palestine through development aid. We conclude that decolonisation is possible even within development aid frameworks. We envision the current colonial condition in Palestine as a multi-faceted, complex and dynamic mesh that tightens and expands its control over the coveted colonial subject but that also contains holes that offer opportunities for resistance or refusal. We turn to Karamah to illustrate how some judges have insisted on a professional identity that merges the concepts of human dignity and self-determination and ultimately rejects the colonial condition inherent in both occupation and development aid. We conclude that in this process of professional identity (re)formation, members of the Palestinian judiciary have helped reveal the demands of decolonisation by demonstrating their commitment to realising human dignity through institutional power, and bringing occupation back into international development discourse.

Funkcija sjedišta županije i prometne veze kao čimbenici privlačnosti glavnih urbanih središta Hrvatske

U radu se analiziraju promjene u radijusu utjecaja najvažnijih hrvatskih gradova u odnosu na stanje prije 1992. godine te se procjenjuje kako bi to moglo utjecati na eventualno mijenjanje teritorijalnog ustroja. Kao osobito važni procesi koji utječu na porast ili pad privlačnosti istaknuti su pad broja stanovnika većine gradova u posljednjih dvadesetak godina uz istodobno poboljšanje njihove prometne dostupnosti. Radi utvrđivanja privlačne snage gradova analizirane su promjene u teritorijalnom ustroju sudske vlasti, sustavu zdravstvene zaštite i visokog obrazovanja, a vodilo se računa i o nekim specifičnim pokazateljima kao što su prostorni raspored velikih trgovačkih centara i multipleks kina. Na temelju istraživanja zaključuje se da postojeći upravnoteritorijalni ustroj Hrvatske usprkos određenim nedostacima nije nužno radikalno mijenjati, već da je umjesto toga potrebno ustrojiti ekonomske i statističke regije bez upravnih ovlasti, posebice oko većih urbanih središta.

Políticas públicas para a formação e avaliação de magistrados: a contribuição da educação judicial através das escolas de magistratura

Evaluation on judges training courses is traced by guidelines and parementers absence from which it is possible to assess to what extent the skills, abilities and attitudes assumed to pursue adjudicative function that were incorporated into the judicial activity. Interviews and focus groups conducted with fifty five judges who attended, from 2006 to 2014, the Ceara´s State Superior Magistrate School courses revealed meaning units, that categorized, indicate the existence of several problems in training courses, but also point out some solutions. The results reflect training weaknesses on judiciary education, a reality that may not be very different in other Brazilian Magistrates Schools and even foreign Judiciary Schools. In 2015, the National Magistrates School for Training and Improvement (ENFAM) created working group to study and research for the production of theoretical and practical material to support the evaluation processes of judicial schools and judiciary. There is a need, however, to establish public policies specifically aimed at judges training and judges evaluation, ensuring investment by the courts in training. You can not leave the judicial education monitoring and evaluation process off applicable in other training levels, given that judgments expertise, security and justice depends on all society. This article presents some results on phenomenological and ethnographic research conducted in order to guide such training policies and support possible planning of training courses aimed at judicial education.

Judicial education on ‘gender awareness’ in Australia

In Australia, as elsewhere, cultural blindness to difference based on gender can affect the impartiality of judging. It is an important aspect of the unstated assumptions on which judges act and which they need to examine. This is especially so where the assumptions are a reflection of dominant social attitudes and values. Judges are expected to apply community values, so long as they are consistent with equality before the law. Blatant examples of gender bias tend to diminish as diversity increases, both within the judiciary and within the legal profession. Stereotyping assumptions can be explored through judicial education, but Australian experience suggests that programmes will only receive a receptive audience if sensitive to concerns about judicial independence. To that end, discussion may best be located within the boundaries of the broader topic of unconscious partiality. Steps being taken in New South Wales to raise gender sensitivity are noted.

Without fear or favour, affection or ill will: addressing gender bias in NSW judicial education

This article traces how gender equality has evolved conceptually and provides an overview of the educational initiatives in place for raising gender awareness among members of the NSW judiciary. The author gives examples of gender bias and explores some of the seminal policy and legislative responses at state and federal levels during the reformist decades of the 1970s to the 1990s. North American jurisdictions played an important role in raising judicial awareness of gender bias in the 1980s, with this issue coming to prominence in Australia in the 1990s. The author describes the work of the Judicial Commission of NSW in this area, including training sessions on gender equality, both discrete and as part of integrated education initiatives; its involvement with the National Judicial Orientation Program; and the launch of its Equality before the Law Bench Book in 2006.

The Modern Family Court Judge: Knowledge, Qualities, and Skills for Success

Family court judges deserve great respect. They make significant decisions affecting our nation's families, yet these judges are often undervalued, even by their peers on the bench. And there is insufficient acknowledgement of the broad expertise required to do the job well. This publication aims to change this by drawing attention to the special knowledge, qualities, and skills that these judges need to be successful—and hopefully reprioritizing and revaluing their role in the legal system. Key Points for the Family Court Community Family court is not a “pots and pans” rotation, it is a rotation into people's lives, and an opportunity to positively shape outcomes that will affect children and families forever. It is critically important to have a highly skilled and dedicated judicial officer making decisions that forever impact America's families. Because of the complex, multidimensional nature of their cases, family court judges must possess additional knowledge, skills, and qualities not required by their colleagues who handle other case types. Judicial education plays an indispensable role in fostering highly skilled and dedicated family court judges.

THE ROLE OF LIBERAL-LEGAL THINKING IN THE LATE 19TH AND EARLY 20TH CENTURIES IN CONTEMPORARY JUDICIAL EDUCATION

The article analyzes the role and place of the liberal-legal thinking in the late 19th and early 20th centuries in contemporary judicial education. The authors point out that many of the ideas of liberal scholars of this period are relevant nowadays, but they are not covered by the training course in law schools.

The Rule of Law Reform and Judicial Education in Pakistan

The article investigates the intrinsic and instrumental roles of judicial education in broader contours of the rule of law theory and reform practice in a developing country. It focuses on: firstly, the relationship between judicial education and the rule of law theory and reform practice; secondly, whether and how judicial education can promote the rule of law; and third, the challenges to a successful judicial education in strengthening the rule of law. Examining Pakistan as a case study, the article explores challenges to judicial education in Pakistan and critically assesses Pakistan’s rule of law reform efforts to overcome those challenges. Evidence shows that key challenges to judicial education in Pakistan are lack of a national judicial educational vision and a well thought out policy, coordinated efforts to training needs assessment, curriculum and faculty, research and learning best practices, as means of development and innovation. Of special concern is the role of judicial education in promoting the rule of law to address security issues embedded in (bad) governance. The article finds that in view of its initial limited success, the judicial academy of Pakistan’s terrorism-hit Khyber Pakhtunkhwa (KP) province may play a role model to improve justice services and thereby help promote the rule of law in a post-conflict society.

Legal judicial Education system reform Review

Legal judicial Education system reform Review

An Analysis of the Constitutional Requirements for Appointment to the Judiciary in the Social, Moral and Ethical Context

This paper analyzes the constitutional requirements for appointment to thejudiciary in the social, moral and ethical context. The profile of judges; theircompliance with the constitutional requirements for the judicial appointment;demands of judicial ethics; the perception of selected members of the bench anddetermination on how to meet the gap between what is being required from judgesby the 1987 Philippine Constitution and their actual work fitness, are discussed.This work utilizes both historical research and descriptive-analytical design usingquestionnaire and contextual analysis of data. Findings reveal the increase inthe number of younger lawyers appointed as judges and that Philippine legaleducation does not properly orient law students on judicial service. The SupremeCourt has enough capability to improve judicial education in the Philippines through the Philippine Judicial Academy and Legal Education Board. Every judge should be reminded of the constitutional requirements to every member ofthe judiciary and should always strive to adhere to these requirements.Keywords: Social Science, historical research, judicial appointment, judicial ethics,judicial education, competence, constitutional requirement, descriptiveanalyticaldesign, Philippines

Introducing gender training in judicial education in Japan to support the judiciary

In this paper, I will present the necessity of introducing gender training in continuing legal education, especially judicial education. Gender-related topics are rarely covered by professional legal education in Japan, and no systematic effort has been made to address gender in continuing education. In view of the current situation, I will explain the necessity of continuing legal education as well as the necessity of including gender training in judicial education by clarifying the principles of the judicial education systems implemented overseas and the values underlying these systems, while taking into account the role of the judiciary in the development of the law. I will show that these values and the use of support-based judicial education as a means of achieving them should be acceptable for the Japanese judiciary as well. At the same time, I will urge a shift in judicial philosophy from the current model of maintaining the judiciary's independence, which leaves it insular and homogenous, to a new model: a judiciary which is accessible and supported by the confidence of the public.

Judicial education on social context and gender in Canada: principles, process and lessons learned

The term ‘social context’ refers to the idea that judging is grounded in the human condition and the society in which it takes place. It is probably no coincidence that ‘differences and disadvantages’ rooted in social context are often at the heart of what makes cases difficult or contentious. Judicial education addressing social context assists judges to respond effectively to these challenges. This paper discusses ten principles to guide social context and gender judicial education, derived from twenty years of experience at Canada's National Judicial Institute. These principles propose that judges must lead this education and should receive support and training to enhance their skills as social context educators. Non-judges also have an important role to play in ensuring that programs are credible, in-depth and comprehensive. The content of programs should be shaped around practical challenges that judges face when confronted with social context factors, and designed to reflect best practices in adult education. Local customization is beneficial as is thorough integration of social context throughout the judicial education curriculum. The value of providing social context and gender education through a judicial education organization is also considered.

Raising gender awareness of judges – elements for judicial education in Germany

In Germany no need for gender education in the judiciary is felt. Judges perceive themselves as objective and neutral. Any attempt to deal with gender questions in judicial education tends to be met with hostility. Gender education is however necessary. The question is whether to offer special training or to integrate gender into any kind of judicial education. Careful approaches are necessary. In the following an overview of the situation in Germany is given, and examples of elements used in judicial education are presented.

Neglect of gender questions at the vocational stage of judicial education in Uganda

Discriminatory practices on the grounds of gender preponderate in the performance of judicial duties in Uganda. This paper examines the curricula of judicial education providers, most particularly the Law Development Centre in Uganda. Its post-graduate Diploma in Legal Practice is a prerequisite for appointment as a judicial officer. We argue that persistent omission of consideration of linkages between law and the social realities of gender contributes to ongoing gender bias and insensitivity by judicial officers. The Uganda Gender Policy as revised in 2007 obliges public institutions such as the Law Development Centre to integrate gender and equality into their programmes. We examine the institutional norms and culture which constrain inclusion of gender-related content and skills development in the curriculum. We argue that a paradigm shift in the approach to curriculum review is vital if the Law Development Centre is to put into practice the Uganda Gender Policy.

Japanese judicial education: working toward gender equality in the judiciary

The Japanese judiciary on the whole has been passive and conservative, with a tendency to make uniform decisions. It has also long been criticized for its gender bias. While isolation from the general public enables Japanese judges to maintain their impartiality, it has also made their decisions more susceptible to being influenced by their personal values and biases. The process of bringing about order between private persons sometimes requires an aggressive attempt to develop legal doctrines, and in this respect, there may be room for a judiciary that is responsive to gender issues.

Juvenile Justice in Pakistan -- How to Achieve Desired Results?

This paper provides a brief analysis of the Juvenile Justice System Ordinance, 2000 with reference to its characteristics and problems faced by judges, magistrates, prosecutors, legal actors and probation officers. It also highlights that the concept of therapeutic jurisprudence is relevant for juvenile justice system. Probation, parole, and alternative sentencing regime have also been discussed in brief. The concept of development of curricula for juveniles in detention facilities is mentioned as well. Importance of judicial education to improve competencies of knowledge, skills and attitude has also been discussed. Pakistan being an Islamic State, its Constitution, the Constitution of Pakistan 1973, provides mandatory responsibility that all laws have to be in accordance with Qur'an and Sunnah. Likewise, Court are bound to interpret the laws in accordance with principles as laid down in Holy Qur'an and Sunnah. Juvenile laws will be discussed on this touchstone as well.This is also supplemented by case law synopsis of some of the important Pakistan Supreme Court decisions on juvenile justice. At the end, the text of the Juvenile Justice System Ordinance, 2000 is provided for ready reference. A select bibliography of print and online materials and reference to important websites is also part of this study.

A Review of the Book 'Developing the Judicial Education Discourse Written by Geeta Oberoi'

The book is a doctoral thesis of Geeta Oberoi — a judicial educator in India with vast experience in homeland and abroad — seems to be a best presentation of the subject for which she and the University of Delhi and Department of Law and the Deans: Prof. Nomita Agarwal, Prof. S.N. Singh and Prof. Gurdip Singh and also the Judicial Studies Board of England and Wales now Judicial College and the School of Law, University of Warwick all deserve congratulations. Thomson Reuters (A division of Thomson Reuters South Asia Private Limited) is the publisher of the book and deserves special mention to bring out the work on an important topic of judicial education. It has been beautifully printed and bound by the Rakmo Press Pvt. Ltd., New Delhi.The book under review is divided by the learned author in eight chapters to maintain fair balance. It is an addition in the legal and judicial education literature. It is an evidence of the fact that sons and daughters in the east are not lacking potential in understanding and developing knowledge of all kinds provided fair and proper opportunities are made available to them by those who are answerable to their own conscience, the people at large and the Creator of all the worlds. An eagle can show its excellent performance when it is free and there is vast environment. Difficulties and hardships that are natural are to be boldly confronted and labour of no person goes waste in the Universal Policy of the Creator of all the Worlds. The author has named and thanked for the help and assistance provided to her in homeland or abroad, including judges of the Hon’ble Supreme Court, High Courts, District Courts and so on. This also is an evidence that there are always present noble souls who encourage pursuits of knowledge with an open and sincere heart.